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Recall by majority vote provided for in Virginia's Constitution

Recall by majority vote provided for in Virginia's Constitution

Silence on procedures however

Art. 1 § 3 (1971) Bill of Rights ~ Va. Constitution;

That government is, or ought to be, instituted for the common benefit,
protection, and security of the people, nation, or community;

of all the various modes and forms of government, that is best which
is capable of producing the greatest degree of happiness and safety, and is most
effectually secured against the danger of maladministration;

and, whenever any government shall
be found inadequate or contrary to these purposes, a majority of the community
hath an indubitable, inalienable, and indefeasible right to reform, alter, or
abolish it, in such manner as shall be judged most conducive to the public weal
[a sound, healthy, or prosperous state: well-being; : body politic, commonweal;
Middle English wele, from Old English wela; akin to Old English wel well. First
Known Use: before 12th century via http://www.merriam-webster.com/dictionary/weal
~ added by UARF] [Emphasis added];

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Public Defenders Often are Just as Effective as Private Counsel, Study Says

Anonymous writes "Public Defenders Often are Just as Effective as Private Counsel, Study Says

A study of Chicago-area courts found that public defenders often are just as effective as private lawyers in persuading judges to grant bail, accept plea bargains and sentence defendants appropriately.

But for some defendants, the study found, retaining a private lawyer may be money well-spent, according to Miller-McCune. The bimonthly magazine, which focuses on public policy and academic research, is published by the Miller-McCune Center, a nonprofit in Santa Barbara, Calif.

For white defendants, having a private lawyer makes it 2.7 times more likely that they will get bail. And black defendants with a private lawyer are twice as likely to get the original charge reduced, the article reports.

The study, led by Richard Hartley (PDF) of the University of Texas at San Antonio, is discussed in the Journal of Criminal Justice and abstracted on Science Direct.

It was based on a random sample of 2,850 offenders convicted of felonies in Cook County, Illinois."

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Senate Approves Bill Regulating Tobacco Companies

The Senate has voted to give the government extensive new powers to decide how tobacco companies will make and market their products. Supporters say that could spare millions from smoking addiction and premature death.

The legislation would for the first time give the Food and Drug Administration legal authority to regulate and order changes to tobacco products in the interest of public health. Thursday's vote was 79-17.
FDA authority over tobacco has long been a goal of anti-smoking advocates who say it could reduce an annual toll of 400,000 tobacco-related deaths. The House has passed its own similar version, and a resolution of differences would send it to President Barack Obama, who supports it.

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President Nixs Seperation of Church and State

Obama
Continues Bush's Policy of Mixing Church and State VIA White House
Faith-Based and Neighborhood Partnerships and the Council on Faith-Based and
Neighborhood Partnerships

New
Federal Initiatives Project

President
Barack Obama announced President Bush’s White House Office of Faith-Based and
Community Initiatives will continue in his administration under the name “the
Office on Faith-Based and Neighborhood Partnerships.” It will focus on
four priorities: (1) ensuring community groups are a key part of the economic
recovery and the reduction of poverty, (2) examining ways to support women and
children, address teen pregnancy, and reduce abortions, (3) encouraging
responsible fatherhood, and (4) fostering interfaith dialogue with leaders and
scholars around the world.

President
Obama appointed Joshua DuBois to lead the office. Mr. DuBois, 26, is a
former Pentecostal pastor and advisor to Mr. Obama in his U.S. Senate office and
Presidential campaign. Some critics note that Mr. DuBois has no experience
working with charities.

A
new President’s Advisory Council on Faith-Based and Neighborhood Partnerships
(COFANP), composed of religious and secular leaders and scholars from different
backgrounds, will work with the White House Office.

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the Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women

On 18 December 1979, the Convention on the
Elimination of All Forms of Discrimination against Women was adopted by the
United Nations General Assembly. It entered into force as an international
treaty on 3 September 1981 after the twentieth country had ratified it. By the
tenth anniversary of the Convention in 1989, almost one hundred nations have
agreed to be bound by its provisions.

The Convention was the culmination of more
than thirty years of work by the United Nations Commission on the Status of
Women, a body established in 1946 to monitor the situation of women and to
promote women's rights. The Commission's work has been instrumental in bringing
to light all the areas in which women are denied equality with men. These
efforts for the advancement of women have resulted in several declarations and
conventions, of which the Convention on the Elimination of All Forms of
Discrimination against Women is the central and most comprehensive document.

Among the international human rights treaties,
the Convention takes an important place in bringing the female half of humanity
into the focus of human rights concerns. The spirit of the Convention is rooted
in the goals of the United Nations: to reaffirm faith in fundamental human
rights, in the dignity,v and worth of the human person, in the equal rights of
men and women. The present document spells out the meaning of equality and how
it can be achieved. In so doing, the Convention establishes not only an
international bill of rights for women, but also an agenda for action by
countries to guarantee the enjoyment of those rights.

In its preamble, the Convention explicitly
acknowledges that "extensive discrimination against women continues to
exist", and emphasizes that such discrimination "violates the
principles of equality of rights and respect for human dignity". As defined
in article 1, discrimination is understood as "any distinction, exclusion
or restriction made o.1 the basis of sex...in the political, economic, social,
cultural, civil or any other field". The Convention gives positive
affirmation to the principle of equality by requiring States parties to take
"all appropriate measures, including legislation, to ensure the full
development and advancement of women, for the purpose of guaranteeing them the
exercise and enjoyment of human rights and fundamental freedoms on a basis of
equality with men"(article 3).

The National Organization of Women ("NOW") sued Scheidler and other
anti-abortion protestors, arguing that the protestors' conduct was in
violation of federal and state extortion laws, with liability created
by the Racketeer Influenced and Corrupt Organizations Act ("RICO").
The
protestors were found guilty of 117 extortion-based acts and four "acts
or threats of physical violence." Accordingly, the district court
granted a permanent injunction against the protestors under RICO. The
case went to the Supreme Court, which held that the protestors' actions
did not constitute extortion and ordered the Seventh Circuit to reverse
"all of the predicate acts supporting the jury's finding of a RICO
violation," and to vacate the injunction. However, the Seventh Circuit
interpreted "all of the predicate acts" to refer to only the 117
extortion-based acts, and not the four acts of physical violence,
because the Supreme Court never specifically reviewed the legality of
the four acts.

Now the Supreme Court has granted certiorari to determine, among other
questions, whether the Seventh Circuit ignored its order to dismiss
"all of the predicate acts" by preserving the four acts of violence.
The protestors argue that the Seventh Circuit's failure to dismiss "all
of the predicate acts" improperly ignores the Supreme Court's order and
that the federal law in question, the Hobbs Act, can only be violated
by acts of extortion, not mere acts of violence. NOW argues that an
"act or threat of physical violence" may be a violation of the Hobbs
Act, and that the Seventh Circuit properly confined the Supreme Court's
order to dismissing only the 117 extortion-based acts. This case is
especially interesting from a procedural standpoint, as it will address
how an appellate court should interpret an order of the Supreme Court
where that order may be broader than the Court's original scope of
certiorari. For the average person, however, the Court's interpretation
of the Hobbs Act will affect the extent to which organizations may
protest without violating federal laws, as well as potentially expand
the Federal Government's police power.

Under the New Hampshire Parental Notification Prior to Abortion Act,
N.H. Rev. Stat. Ann. § 132:24-28 (2003), parental notification is
required before a minor can obtain an abortion. Among the few
exceptions the statute provides is for cases in which the minor's
physician cannot satisfy the parental notification requirement before
the minor will die. However, there is no explicit exception to allow
for an abortion without parental notification where the minor will
sustain non-fatal injuries if the physician refrains from performing
the abortion in order to satisfy the Act's parental notification
requirement. Respondents, Planned Parenthood of Northern New England
and others, claim that the Act is unconstitutional because (1) it lacks
a specific exception to the notification requirement where the minor's
health is imperiled and (2) the death exception provided is too
narrow. Petitioner New Hampshire claims that a health exception is not
required because of the interests the Act seeks to protect—the
potentiality of human life and the protection of minors from
undertaking a risky operation without the advice and support of the
minor's parent(s). The lower courts agreed with Planned Parenthood and
found that the Act was unconstitutional because of its lack of a
specific health exception and because of the Act's narrow death
exception.

The Supreme Court's decision will have a major impact on parental
notification laws. If the Court agrees with New Hampshire, then states
will not have to provide explicit health exceptions in their abortion
laws. Further, New Hampshire's death exception will stand in its
current state, providing for criminal liability where a physician acts
at least negligently in performing an abortion without notification.